SB 24: "An Act establishing the Sport Fishing Guide Services Board and licensing requirements for sport fishing guide-outfitters, sport fishing outfitters, sport fishing assistant guides, and sport fishing transporters; making conforming amendments; allowing the Department of Fish and Game to collect information on guiding services; and providing for an effective date."
00 SENATE BILL NO. 24 01 "An Act establishing the Sport Fishing Guide Services Board and licensing 02 requirements for sport fishing guide-outfitters, sport fishing outfitters, sport fishing 03 assistant guides, and sport fishing transporters; making conforming amendments; 04 allowing the Department of Fish and Game to collect information on guiding services; 05 and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 PURPOSE. The purpose of this Act is to promote the health, safety, and welfare of the 10 guided fish angler and the stability of the sport fish guide industry in the state by regulating 11 the activities of providers of sport fishing guide, outfitter, and transportation services. 12 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 13 (39) Sport Fishing Guide Services Board (AS 08.57.010).
01 * Sec. 3. AS 08 is amended by adding a new chapter to read: 02 Chapter 57. Sport Fishing Guide-outfitters and Related Occupations. 03 Article 1. Sport Fishing Guide-outfitters, Outfitters, Assistant Guides, and Transporters. 04 Sec. 08.57.010. Creation and membership of board. (a) For the purposes of 05 licensing and regulating the activities of providers of sport fishing guide, sport fishing 06 outfitter, sport fishing assistant guide and sport fishing transportation services to 07 persons engaging in sport fishing in the interest of the state's fisheries resources, the 08 Sport Fishing Guide Services Board is created. For administrative purposes, the board 09 is in the Department of Commerce, Community, and Economic Development. 10 (b) The board consists of nine members appointed by the governor and subject 11 to confirmation by the legislature as follows: 12 (1) five members who are currently licensed sport fishing guide- 13 outfitters or sport fishing outfitters under this chapter, representing both salt water and 14 fresh water sport fishing guide-outfitters or sport fishing outfitters; at least three of the 15 five members shall be currently licensed sport fishing guide-outfitters; 16 (2) one member who is a currently licensed sport fishing transporter 17 under this chapter; 18 (3) one member of the Board of Fisheries; 19 (4) two public members who 20 (A) are familiar with the Alaska sport fishing industry; 21 (B) do not hold a current license issued under this chapter or a 22 current commercial fishing license issued under AS 16; and 23 (C) are familiar with concerns of private landowners and access 24 issues related to sport fishing activities under this chapter. 25 (c) The board members serve staggered three-year terms. 26 (d) Members of the board do not receive compensation, but are entitled to per 27 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 28 Sec. 08.57.020. Board assistance. State agencies shall provide the board with 29 information, data, or technical assistance requested by the board for the purposes of 30 licensing and regulating the activities of providers of sport fishing guide-outfitter, 31 sport fishing outfitter, sport fishing assistant guide, or sport fishing transportation
01 services. 02 Sec. 08.57.030. Duties and powers of board. (a) The board shall 03 (1) prepare and grade 04 (A) a qualification examination, in written and oral form, for a 05 sport fishing guide-outfitter and sport fishing outfitter license that requires 06 demonstration that the applicant is qualified generally to provide sport fishing 07 guide-outfitter and sport fishing outfitter services, as appropriate, and, in 08 particular, possesses knowledge of fishing and sport fishing laws and 09 regulations; and 10 (B) a certification examination, in written and oral form, for 11 each sport fish guide use unit in which the sport fishing guide-outfitter or sport 12 fishing outfitter intends to provide services; the examination must require 13 demonstration that the applicant is qualified to provide sport fishing guide- 14 outfitter or sport fishing outfitter, as appropriate, in the sport fish guide use unit 15 for which the applicant seeks to be certified and, in particular, must require 16 demonstration that the applicant possesses knowledge of the terrain, water, 17 transportation problems, fish, and other characteristics of the sport fish guide 18 use unit; 19 (2) authorize the issuance of a sport fishing guide-outfitter, sport 20 fishing outfitter, sport fishing assistant guide, or sport fishing transporter license if the 21 applicant for the license satisfies the requirements for the license; 22 (3) impose appropriate disciplinary sanctions on a licensee under this 23 chapter; 24 (4) require an applicant for issuance or renewal of any class of license 25 issued under this chapter to state in a written and signed document whether the 26 applicant's right to obtain, or exercise the privileges granted by, a sport fishing guide- 27 outfitter, sport fishing outfitter, sport fishing assistant guide, or sport fishing 28 transporter license is revoked or suspended in this state or another state or in Canada 29 or Mexico; 30 (5) regularly disseminate information regarding examinations and 31 other qualifications for all classes of licenses described in this chapter;
01 (6) adopt procedural and substantive regulations required by this 02 chapter; 03 (7) provide for administration of examinations for sport fishing guide- 04 outfitter and sport fishing outfitter licenses at least twice a year; and 05 (8) meet at least twice annually. 06 (b) The board may adopt regulations as the board considers appropriate to 07 (1) establish a code of ethics for professions regulated by the board; 08 (2) authorize the department to obtain a copy of a sport fishing guide- 09 outfitter's logbooks or outfitter service records from the Department of Fish and Game 10 that are required by AS 16.05.396; 11 (3) establish sport fish guide use units and registration requirements for 12 sport fish guide use units; 13 (4) establish, as necessary for resource conservation purposes and to 14 promote economic stability within the sport fish guide industry, 15 (A) the maximum number of licensees who may operate in a 16 sport fish guide use unit; and 17 (B) a concessionaire program to achieve the maximum number 18 of licensees in sport fish guide use units. 19 Article 2. Licensing and Certification. 20 Sec. 08.57.100. Eligibility for licenses. Notwithstanding AS 08.57.110 - 21 08.57.150, a person may not receive or renew a sport fishing guide-outfitter, sport 22 fishing outfitter, sport fishing assistant guide, or sport fishing transporter license if the 23 person's right to obtain or exercise the privileges granted by a sport fishing guide- 24 outfitter, sport fishing outfitter, sport fishing assistant guide, or sport fishing 25 transporter license or registration is suspended or revoked in this state or another state 26 or in Canada or Mexico. 27 Sec. 08.57.110. Sport fishing guide-outfitter license. (a) On and after 28 January 1, 2013, the department shall issue a biennial sport fishing guide-outfitter 29 license to a natural person if the person 30 (1) is 18 years of age or older; 31 (2) is a citizen of the United States, Canada, or Mexico, or is a resident
01 alien; 02 (3) is certified in first aid and cardiopulmonary resuscitation by the 03 American Red Cross or a similar organization; 04 (4) holds a license to carry passengers for hire issued by the United 05 States Coast Guard if, in the provision of sport fishing guide services, the person 06 operates a vessel and the license is required by the United States Coast Guard for the 07 area in which the sport fishing guide-outfitter provides sport fishing guide services; 08 (5) holds a current sport fishing license from this state; 09 (6) has passed a qualification examination for a sport fishing guide- 10 outfitter license; 11 (7) has passed a certification examination prepared by the board for the 12 sport fish guide use unit or units in which the person operates; 13 (8) has been licensed as and performed the services of a sport fishing 14 assistant guide in the state for at least 20 days in each of three years and received a 15 favorable recommendation from at least one licensed sport fishing guide-outfitter; 16 (9) satisfies all additional requirements adopted in regulation by the 17 board; 18 (10) has applied for a sport fishing guide-outfitter license on a form 19 provided by the department and paid the license application fee and the sport fishing 20 guide-outfitter license fee. 21 (b) A person may not provide sport fishing guide-outfitter services unless the 22 person holds a current sport fishing guide-outfitter license. 23 (c) A sport fishing guide-outfitter may guide or outfit sport fishing activities 24 and may provide transportation services, personally or through a sport fishing assistant 25 guide, to clients of the sport fishing guide-outfitter. 26 (d) A person who is licensed as a sport fishing guide-outfitter may be 27 employed by another sport fishing guide-outfitter to perform the functions of a sport 28 fishing assistant guide and may operate as a sport fishing assistant guide. 29 (e) A sport fishing guide-outfitter may 30 (1) directly provide sport fishing guide-outfitter services to clients; 31 (2) directly supervise an assistant guide who provides sport fishing
01 assistant guide services to clients; or 02 (3) directly supervise a sport fishing guide-outfitter who is not certified 03 for the sport fish guide use unit in which the sport fishing guide-outfitter is operating. 04 (f) While engaged in providing sport fishing guide-outfitter services, a sport 05 fishing guide-outfitter shall have the following documents readily available for 06 inspection on request of a representative of the Department of Fish and Game or a 07 peace officer of the state: 08 (1) a current sport fishing guide-outfitter license; 09 (2) the current licenses, tags, permits, and reporting forms that are 10 required to engage in the sport fishery for which the sport fishing guide services are 11 being provided; 12 (3) a driver's license or similar identification card that is issued by a 13 state or federal agency and that bears a photograph of the sport fishing guide-outfitter. 14 (g) A master sport fishing guide-outfitter license authorizes a sport fishing 15 guide-outfitter to use the title master sport fishing guide-outfitter, but is, for all other 16 purposes under this chapter, a sport fishing guide-outfitter license. The department 17 shall issue a biennial, renewable master sport fishing guide-outfitter license to a 18 natural person if the person 19 (1) is, at the time of application for a master sport fishing guide- 20 outfitter license, currently licensed as a sport fishing guide-outfitter under this section; 21 (2) provides an affidavit certifying that the person has operated in the 22 state as a sport fishing guide-outfitter for at least 12 of the last 15 years, including the 23 year immediately preceding the year in which the person applies for a master sport 24 fishing guide-outfitter license; 25 (3) submits 10 letters from clients for whom the person has personally 26 provided sport fishing guiding or outfitting services that give the sport fishing guide- 27 outfitter favorable evaluations; and 28 (4) applies for a master sport fishing guide-outfitter license on a form 29 provided by the department and pays the application fee, if any. 30 Sec. 08.57.120. Sport fishing outfitter license. (a) On and after January 1, 31 2013, the department shall issue a biennial sport fishing outfitter license to a natural
01 person if the person 02 (1) is 18 years of age or older; 03 (2) is a citizen of the United States, Canada, or Mexico, or is a resident 04 alien; 05 (3) is certified in first aid and cardiopulmonary resuscitation by the 06 American Red Cross or a similar organization; 07 (4) holds a current sport fishing license from this state; 08 (5) has passed a qualification examination for a sport fishing outfitter 09 license; 10 (6) has passed a certification examination prepared by the board for the 11 sport fish guide use unit in which the person operates; 12 (7) satisfies all additional requirements adopted in regulation by the 13 board; and 14 (8) has applied for a sport fishing outfitter license on a form provided 15 by the department and paid the license application fee and the sport fishing outfitter 16 license fee. 17 (b) A person may not provide sport fishing outfitter services unless the person 18 holds a current sport fishing outfitter license. 19 (c) A sport fishing outfitter may not provide sport fishing guide-outfitter 20 services or transportation services, personally or through a sport fishing assistant 21 guide. 22 (d) A sport fishing outfitter may not be physically present with the client 23 during any portion of the sport fishing activities. 24 (e) A sport fishing outfitter shall provide an activity report on a form provided 25 by the Department of Fish and Game, which must contain all information the 26 Department of Fish and Game requires. 27 (f) While engaged in providing sport fishing outfitting services, a sport fishing 28 outfitter shall have the following documents readily available for inspection on request 29 of a representative of the Department of Fish and Game or a peace officer of the state: 30 (1) a current sport fishing outfitter license; and 31 (2) a driver's license or similar identification card that is issued by a
01 state or federal agency and that bears a photograph of the sport fishing outfitter. 02 Sec. 08.57.130. Sport fishing assistant guide license. (a) On and after 03 January 1, 2013, the department shall issue a biennial sport fishing assistant guide 04 license to a natural person if the person 05 (1) is 18 years of age or older; 06 (2) is a citizen of the United States, Canada, or Mexico, or is a resident 07 alien; 08 (3) is certified in first aid and cardiopulmonary resuscitation by the 09 American Red Cross or a similar organization; 10 (4) holds a license to carry passengers for hire issued by the United 11 States Coast Guard if, in the provision of sport fishing guide services, the person 12 operates a vessel and the license is required by the United States Coast Guard for the 13 area in which the sport fishing assistant guide provides sport fishing guide services; 14 (5) holds a current sport fishing license from this state; 15 (6) provides to the department a written employment agreement from a 16 currently licensed sport fishing guide-outfitter who employs the sport fishing assistant 17 guide or has passed a sport fishing assistant guide course approved by the board; 18 (7) satisfies all additional requirements adopted in regulation by the 19 board; and 20 (8) has applied for a sport fishing assistant guide license on a form 21 provided by the department and pays the license application fee and the license fee. 22 (b) A person may not provide sport fishing assistant guide services unless the 23 persons holds a current sport fishing assistant guide license. 24 (c) A sport fishing assistant guide may not participate in a guided sport fishing 25 activity unless under the supervision and employ of a currently licensed sport fishing 26 guide-outfitter. 27 (d) While providing sport fishing assistant guide services, a sport fishing 28 assistant guide shall have the following documents readily available for inspection on 29 request of a representative of the Department of Fish and Game or a peace officer of 30 the state: 31 (1) a current sport fishing assistant guide license;
01 (2) the current licenses, tags, permits, and reporting forms that are 02 required to engage in the sport fishery for which the sport fishing assistant guide 03 services are being provided; 04 (3) a driver's license or similar identification card that is issued by a 05 state or federal agency and that bears a photograph of the sport fishing assistant guide; 06 and 07 (4) proof of employment by a currently licensed sport fishing guide- 08 outfitter. 09 Sec. 08.57.140. Sport fishing transporter license. (a) On and after January 1, 10 2013, the department shall issue a biennial sport fishing transporter license to a natural 11 person if the person is a licensed big game transporter under AS 08.54.650 or 12 (1) applies for a sport fishing transporter license on a form provided by 13 the department; 14 (2) pays the license application fee and the license fee; and 15 (3) satisfies all additional requirements adopted in regulation by the 16 board. 17 (b) A person may not provide sport fishing transporter services and 18 accommodations unless the person holds a current sport fishing transporter license. 19 (c) A sport fishing transporter 20 (1) may provide transportation services and accommodations to 21 persons engaging in sport fishing in the field 22 (A) at a permanent lodge, house, or cabin owned by the 23 transporter; or 24 (B) on a boat with permanent living quarters; 25 (2) may not provide sport fishing guide-outfitter, sport fishing outfitter, 26 or sport fishing assistant guide services without holding the appropriate licenses. 27 (d) While providing transportation services, a sport fishing transporter shall 28 have the following documents readily available for inspection: 29 (1) a current sport fishing transporter license; 30 (2) a driver's license or similar identification card that is issued by a 31 state or federal agency and that bears a photograph of the sport fishing transporter.
01 (e) In this section, "field" 02 (1) means an area outside of established year-round dwellings, 03 businesses, or other developments associated with a city, town, or village; 04 (2) does not include permanent hotels or roadhouses on the state road 05 system or state or federally maintained airports. 06 Sec. 08.57.150. Renewal of sport fishing guide-outfitter, sport fishing 07 outfitter, sport fishing assistant guide, and sport fishing transporter licenses. (a) 08 An applicant for renewal of a sport fishing guide-outfitter, sport fishing outfitter, sport 09 fishing assistant guide, or sport fishing transporter license shall submit 10 (1) a request for renewal of the license on a form provided by the 11 department; 12 (2) an affidavit that all required logbooks and reports due during the 13 term of the prior license have been filed as required; and 14 (3) the appropriate license fees for the next licensing period. 15 (b) The department may not renew a sport fishing guide-outfitter, sport fishing 16 outfitter, sport fishing assistant guide, or sport fishing transporter license under this 17 section unless all fees have been paid in full. 18 (c) The department may not issue a license to a person who held a sport 19 fishing guide-outfitter, sport fishing outfitter, sport fishing assistant guide, or sport 20 fishing transporter license and who has failed to renew the license under this section 21 for four consecutive years unless the person again meets the qualifications for initial 22 issuance of the license under AS 08.57.110 - 08.57.140, as appropriate. 23 Sec. 08.57.160. Financial responsibility and other requirements for sport 24 fishing guide-outfitters, sport fishing outfitters, and sport fishing transporters. (a) 25 The department shall require satisfactory proof of sport fishing guide-outfitters, sport 26 fishing outfitters, and sport fishing transporters of a general liability insurance policy 27 or marine protection and indemnity insurance policy, covering the services provided 28 by the person and the person's employees to clients engaged in sport fishing that 29 provides coverage of at least $100,000 for each incident, and $300,000 for all 30 incidents in a year. The person shall maintain the insurance required by this subsection 31 for the duration of the license.
01 (b) If a sport fishing guide-outfitter or sport fishing assistant guide personally 02 pilots an aircraft to transport clients during the provision of sport fishing activities, the 03 sport fishing guide-outfitter or sport fishing assistant guide shall have a commercial 04 pilot's rating or a minimum of 500 hours of flying time in the state. 05 Article 3. Enforcement. 06 Sec. 08.57.200. Discipline of a sport fishing guide-outfitter, sport fishing 07 outfitter, sport fishing assistant guide, and sport fishing transporter. (a) The board 08 may impose a disciplinary sanction in a timely manner under (b) of this section and in 09 accordance with AS 08.01.075 if the board finds that a licensee 10 (1) is convicted of a violation of a state or federal statute or regulation 11 relating to sport fishing or to provision of sport fishing guide-outfitter, sport fishing 12 assistant guide, sport fishing outfitter, or sport fishing transportation services; 13 (2) has failed to file records or reports required by law; 14 (3) has negligently misrepresented or omitted a material fact on an 15 application for any class of sport fishing guide-outfitter, sport fishing outfitter, sport 16 fishing assistant guide, or sport fishing transporter license; 17 (4) has breached an agreement with a client to provide sport fishing 18 guide-outfitter, sport fishing outfitter, or sport fishing transportation services to a 19 client; or 20 (5) has failed to comply with limitations or conditions of the 21 professional practice of the licensee. 22 (b) The board may impose the following disciplinary sanctions, singly or in 23 combination: 24 (1) permanently revoke a license; 25 (2) suspend a license for a specified period; 26 (3) censure or reprimand a licensee; 27 (4) impose limitations or conditions on the professional practice of a 28 licensee; 29 (5) impose requirements for remedial professional education to correct 30 deficiencies in the education, training, and skill of the licensee; 31 (6) impose probation requiring a licensee to report regularly to the
01 board on matters related to the grounds for probation; 02 (7) impose a civil fine not to exceed $5,000. 03 (c) The board shall permanently revoke a license issued under this chapter if 04 the board finds, after a hearing, that the license was obtained through fraud, deceit, or 05 misrepresentation. 06 (d) A certified copy of a judgment of conviction of a licensee for an offense is 07 conclusive evidence of the commission of that offense in a disciplinary proceeding 08 instituted against the licensee under this section based on that conviction, regardless of 09 whether the conviction resulted from a plea of nolo contendere or the conviction is 10 under appeal, unless the conviction is overturned on appeal. 11 (e) A person whose license is suspended or revoked under this section may not 12 engage in the provision of sport fishing guide-outfitter, sport fishing outfitter, sport 13 fishing assistant guide, or sport fishing transportation services during the period of 14 license suspension or revocation. 15 (f) If the board revokes a license under this section, the person whose license 16 has been revoked shall immediately surrender the license to the department. 17 (g) The board may, before a final hearing is held or during an appeal, 18 summarily suspend a licensee from practice of a profession under this chapter for a 19 period of not more than 30 days if the board finds that the licensee poses a clear and 20 immediate danger to the public health and safety. A person is entitled to a hearing 21 before the board to appeal a summary suspension within seven days after the order of 22 suspension is issued. A person may appeal an adverse decision of the board on an 23 appeal of summary suspension to a court of competent jurisdiction. 24 Sec. 08.57.210. Unlawful acts. (a) It is unlawful for a 25 (1) person who is licensed under this chapter to intentionally obstruct 26 or hinder or attempt to obstruct or hinder lawful sport fishing engaged in by a person 27 who is not a client of the person; 28 (2) sport fishing assistant guide to knowingly guide or outfit sport 29 fishing activities except while employed and supervised by a sport fishing guide- 30 outfitter; 31 (3) person who is licensed under this chapter to knowingly enter or
01 remain on private, state, or federal land unlawfully during the course of providing 02 sport fishing guide-outfitter, sport fishing outfitting, sport fishing assistant guide, or 03 sport fishing transportation services; 04 (4) sport fishing guide-outfitter to knowingly engage in providing sport 05 fishing guide services outside of a sport fish guide use unit for which the sport fishing 06 guide-outfitter is certified unless the registration requirement for the unit has been 07 suspended by the board or unless the board has not adopted by regulation a 08 registration requirement for a sport fish guide use unit; 09 (5) person to knowingly guide or outfit without having a current sport 10 fishing guide-outfitter, sport fishing outfitter, or sport fishing assistant guide license 11 and a valid Alaska sport fishing license in actual possession; 12 (6) person who is licensed under this chapter to 13 (A) commit or aid in the commission of a violation of this 14 chapter, a regulation adopted under this chapter, or a state or federal sport 15 fishing statute or regulation; or 16 (B) permit the licensee's client to commit a violation of a 17 regulation adopted under this chapter or a state or federal sport fishing statute 18 or regulation that the licensee knows or should know is being or will be 19 committed without 20 (i) attempting to prevent it, short of using force; and 21 (ii) promptly reporting the violation to the Department 22 of Public Safety by the most expeditious reasonable means available; 23 (7) person without a current sport fishing guide-outfitter license to 24 knowingly guide or outfit or advertise as or represent to be a sport fishing guide- 25 outfitter; 26 (8) person without a current master sport fishing guide-outfitter license 27 to knowingly advertise as or represent to be a master sport fishing guide-outfitter; 28 (9) person without a current sport fishing outfitter license to knowingly 29 outfit or advertise as or represent to be a sport fishing outfitter; 30 (10) person without a current sport fishing assistant guide license to 31 knowingly provide sport fishing assistant guide services;
01 (11) person without a current sport fishing guide-outfitter or 02 transporter license to knowingly provide sport fishing transportation services or 03 advertise as or represent to be a sport fishing transporter; 04 (12) person to knowingly provide sport fishing guide-outfitter, sport 05 fishing assistant guide, sport fishing outfitter, or sport fishing transportation services 06 during the period for which the person's license to provide that service is suspended or 07 revoked; 08 (13) person who is licensed as a sport fishing transporter, or who 09 provides transportation services under a transporter license, to knowingly accompany 10 or direct a client of the person in sport fishing activities except as necessary to perform 11 the specific duties of transporting, embarking, or disembarking a client or clients, their 12 equipment, or fish harvested by the client or clients. 13 (b) Except as provided in (c) - (e) of this section, in addition to disciplinary 14 sanctions imposed under AS 08.57.200, a person who commits an offense set out in 15 (a) of this section, is guilty of a class A misdemeanor. 16 (c) A person licensed as a sport fishing guide-outfitter who, without any 17 culpable mental state, advertises as or represents to be a master sport fishing guide- 18 outfitter is guilty of a violation. 19 (d) In addition to disciplinary sanctions imposed under AS 08.57.200, a 20 person who, without any culpable mental state, violates AS 08.57.110(f) is guilty of a 21 violation. 22 (e) In addition to disciplinary sanctions imposed under AS 08.57.200, a person 23 who knowingly violates AS 08.57.110(f) is, for a 24 (1) first offense in a three-year period, guilty of a violation; and 25 (2) second or subsequent offense in a three-year period, guilty of a 26 class B misdemeanor. 27 (f) In addition to any other penalty provided by law, a court may revoke a 28 license issued under this chapter of a person who is convicted under this chapter, and 29 equipment may be seized and forfeited in accordance with AS 16.05.190 and 30 16.05.195. 31 Sec. 08.57.220. Responsibility of sport fishing guide-outfitter, assistant
01 guide, outfitter, or transporter for violations. A sport fishing guide-outfitter, sport 02 fishing outfitter, sport fishing assistant guide, or sport fishing transporter is equally 03 responsible 04 (1) under AS 08.57.200 for a violation of this chapter, a regulation 05 adopted under this chapter, or a state or federal sport fishing statute or regulation, 06 committed by a person while in the course of the person's employment with the sport 07 fishing guide-outfitter, sport fishing outfitter, sport fishing assistant guide, or sport 08 fishing transporter; or 09 (2) under AS 08.57.210 for a violation of this chapter, a regulation 10 adopted under this chapter, or a state or federal sport fishing statute or regulation, 11 committed by a person while in the course of the person's employment with the sport 12 fishing guide-outfitter, sport fishing outfitter, sport fishing assistant guide, or sport 13 fishing transporter if the sport fishing guide-outfitter, sport fishing outfitter, sport 14 fishing assistant guide, or sport fishing transporter expressly or impliedly authorizes 15 an unlawful act. 16 Sec. 08.57.230. Sport fishing guide-outfitter, outfitter, and transporter 17 records. (a) A person who holds a sport fishing guide-outfitter license issued under 18 AS 08.57.110, a sport fishing outfitter license issued under AS 08.57.120, or a sport 19 fishing transporter license issued under AS 08.57.140 shall comply with the reporting 20 requirements of AS 16.05.396. 21 (b) A person who is required to complete a report under this section may not 22 provide false information or omit material facts in a report. 23 (c) A person who is required to complete a report under this section may not 24 be issued a license under AS 08.57.110 unless the Department of Fish and Game has 25 received all reports required under AS 16.05.396 and this section. 26 Sec. 08.57.240. License and examination fees. (a) The Department of Fish 27 and Game shall set fees under AS 08.01.065 for a 28 (1) sport fishing guide-outfitter license; 29 (2) sport fishing outfitter license; 30 (3) sport fishing assistant guide license; 31 (4) sport fishing transporter license;
01 (5) license application fee. 02 (b) In setting license fees, the Department of Fish and Game shall consider the 03 cost of reporting and reimburse the department for costs associated with reporting. 04 (c) The license fee for the sport fishing guide-outfitter, outfitter, or assistant 05 guide license is in addition to the fee required for a sport fishing license issued by the 06 Department of Fish and Game under AS 16.05.340. 07 (d) An applicant for a qualifying examination for a sport fishing guide- 08 outfitter license or outfitter license shall pay a fee established by regulations adopted 09 under AS 08.01.065. 10 (e) The fee for the sport fishing transporter license must be equal to the fee for 11 the sport fishing guide-outfitter. 12 (f) The amount of the license fee for a nonresident may not be less than two 13 times the amount of the license fee for a resident and may be increased by the board 14 by regulation. 15 Article 4. General Provisions. 16 Sec. 08.57.490. Definitions. In this chapter, 17 (1) "board" means the Sport Fishing Guide Services Board; 18 (2) "client" means a person who is a member of a fishing party that 19 engages or uses a person to provide sport fishing guide services and who is not a 20 licensed sport fishing guide-outfitter or sport fishing assistant guide; 21 (3) "compensation" 22 (A) means payment, remuneration, and other benefits received 23 in return for services; 24 (B) includes wages or other employment benefits given directly 25 or indirectly to an individual or organization, and any dues, payments, fees, or 26 other remuneration given directly or indirectly to a fishing club, business, 27 organization, or individual who provides sport fishing guide services; 28 (C) does not include reimbursement for the actual daily 29 expenses for fuel, food, or bait; 30 (4) "department" means the Department of Commerce, Community, 31 and Economic Development;
01 (5) "fish" means any species of aquatic finfish, invertebrate, or 02 amphibian, in any stage of its life cycle, found in or introduced into the state, and 03 includes any part of the aquatic finfish, invertebrate, or amphibian; 04 (6) "sport fishing" means the taking of or attempting to take for 05 personal use, and not for sale or barter, any fresh water, marine, or anadromous fish by 06 hook and line held in the hand, or by hook and line with the line attached to a pole or 07 rod that is held in the hand or closely attended, or by other means defined by the 08 Board of Fisheries; 09 (7) "sport fishing guide services" 10 (A) means assistance, for compensation or with the intent to 11 receive compensation, to a person to take or to attempt to take fish by 12 accompanying or physically directing a person during sport fishing activities; 13 (B) does not include services provided by an assistant, 14 deckhand, or similar person who works directly under the supervision of and 15 on the same vessel as the sport fishing guide or sport fishing assistant guide; 16 (8) "sport fishing outfitter services" means the provision, for 17 compensation or with the intent to receive compensation, of vessels and sport fishing 18 equipment to one or more persons who use them for sport fishing activities if the 19 provider of the services does not direct or accompany, and is not present with, the 20 person or persons while the sport fishing activities are occurring; in this paragraph, the 21 provision of vessels and sport fishing equipment includes rentals, leases, or other 22 exchanges where transfer of ownership does not occur and the vessel or sport fishing 23 equipment is returned to the provider; 24 (9) "take" means taking, pursuing, fishing, or in any manner 25 disturbing, capturing, or killing or attempting to take, pursue, fish, or in any manner 26 capture or kill fish; 27 (10) "transportation services" means the carriage, for compensation or 28 with the intent to receive compensation, of persons engaged in sport fishing, their 29 equipment, or fish harvested to or from sport fishing activities and the advertising of 30 these services; "transportation services" does not include the carriage by aircraft of 31 persons engaged in sport fishing, their equipment, or fish harvested
01 (A) on nonstop flights between airports listed in the Alaska 02 supplement to the Airmen's Guide published by the Federal Aviation 03 Administration; or 04 (B) by an air taxi operator or air carrier for which the carriage 05 of those persons, their equipment, or fish harvested is only an incidental 06 portion of its business; in this subparagraph, "incidental" means transportation 07 provided to those persons by an air taxi operator or air carrier who does not 08 (i) charge more than the usual tariff or charter rate for 09 the carriage of those persons, their equipment, or fish harvested; 10 (ii) advertise transportation services or sport fishing 11 activities to the public; in this sub-subparagraph, "advertise" means 12 soliciting persons seeking to engage in sport fishing to be customers of 13 an air taxi operator or air carrier for the purpose of providing air 14 transportation for sport fishing activities through the use of print or 15 electronic media, including advertising at trade shows, or the use of 16 sport fishing broker services or other promotional services; 17 (11) "vessel" means a floating craft, powered, towed, rowed, or 18 otherwise propelled, that is used for delivering, landing, or taking fish within the 19 jurisdiction of the state. 20 * Sec. 4. AS 16.05.395 is amended to read: 21 Sec. 16.05.395. Sport fishing vessel registration. For calendar year 2005 and 22 subsequent calendar years, a person may not use a vessel to provide sport fishing 23 services under AS 08.57 [AS 16.40.260 - 16.40.299] unless the vessel is registered 24 with the department and proof of registration is attached to and clearly visible on the 25 vessel while the vessel is used to provide sport fishing services. The department shall 26 register vessels used to provide sport fishing services, and provide proof of 27 registration, without charge. The department may adopt regulations as the department 28 finds necessary to implement this section. 29 * Sec. 5. AS 16.05 is amended by adding new sections to read: 30 Sec. 16.05.396. Sport fishing guide-outfitter, sport fishing outfitter, and 31 sport fishing transporter records; confidentiality of records and activity reports.
01 (a) The department may collect information from sport fishing guide-outfitters, 02 including 03 (1) the name and license number of each vessel that is used in 04 providing sport fishing guide services; 05 (2) the amount of fishing effort, catch, and harvest by clients of a sport 06 fishing guide-outfitter; 07 (3) the locations fished during the provision of sport fishing guide 08 services; and 09 (4) other information that the department requires by regulation. 10 (b) The department may collect information from sport fishing outfitters and 11 transporters. 12 (c) Information collected under this section is confidential to the extent 13 provided under AS 16.05.815 or AS 40.25.110. 14 (d) The department may adopt regulations under AS 44.62 (Administrative 15 Procedure Act) that it considers necessary to implement this section. 16 (e) The department shall make sport fishing log books received under this 17 section and activity reports received under AS 08.57.140 available for law 18 enforcement purposes to state agencies, federal law enforcement agencies, and other 19 law enforcement agencies on request. 20 (f) Forms, records, and reports required under this chapter may be distributed, 21 received, and stored electronically. 22 Sec. 16.05.398. Sport fishing guide-outfitter, sport fishing outfitter, sport 23 fishing assistant guide, and sport fishing transporter fees. The department shall 24 perform the duties prescribed in AS 08.57.240. 25 * Sec. 6. AS 25.27.244(s)(2) is amended to read: 26 (2) "license" 27 (A) means, except as provided in (B) of this paragraph, a 28 license, certificate, permit, registration, or other authorization that, at the time 29 of issuance, will be valid for more than 150 days and that may be acquired 30 from a state agency to perform an occupation, including the following: 31 (i) license relating to boxing or wrestling under
01 AS 05.10; 02 (ii) authorization to perform an occupation regulated 03 under AS 08; 04 (iii) teacher certificate under AS 14.20; 05 (iv) authorization under AS 18.08 to perform 06 emergency medical services; 07 (v) asbestos worker certification under AS 18.31; 08 (vi) boiler operator's license under AS 18.60.395; 09 (vii) certificate of fitness under AS 18.62; 10 (viii) hazardous painting certification under AS 18.63; 11 (ix) security guard license under AS 18.65.400 - 12 18.65.490; 13 (x) license relating to insurance under AS 21.27; 14 (xi) employment agency permit under AS 23.15.330 - 15 23.15.520; 16 (xii) registration as a broker-dealer, an agent, a state 17 investment adviser, or an investment adviser representative under 18 AS 45.55.030; 19 (xiii) certification as a pesticide applicator under 20 AS 46.03.320; 21 (xiv) certification as a storage tank worker or contractor 22 under AS 46.03.375; 23 (xv) certification as a water and wastewater works 24 operator under AS 46.30; 25 (xvi) commercial crewmember fishing license under 26 AS 16.05.480 other than an entry permit or interim-use permit under 27 AS 16.43; 28 (xvii) fish transporter permit under AS 16.05.671; 29 (xviii) sport fishing guide-outfitter license under 30 AS 08.57.110 [OPERATOR LICENSE UNDER AS 16.40.260]; 31 (xix) sport fishing outfitter [GUIDE] license under
01 AS 08.57.120 [AS 16.40.270]; 02 (B) does not include 03 (i) a vessel license issued under AS 16.05.490 or 04 16.05.530; 05 (ii) [REPEALED 06 (iii)] a business license issued under AS 43.70; 07 (iii) [(iv)] an entry permit or interim-use permit issued 08 under AS 16.43; or 09 (iv) [(v)] a driver's license issued under AS 28.15; 10 * Sec. 7. AS 41.21.506(b) is amended to read: 11 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 12 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 13 and to implement the plan adopted under (a) of this section. The regulations must 14 (1) designate incompatible uses and prohibit or restrict them; and 15 (2) establish a registration, licensing, or comparable procedure for 16 professional fishing guides and such additional fishing guide controls as the 17 commissioner considers necessary; notwithstanding the requirements established by 18 the commissioner to implement this paragraph, the commissioner shall establish a 19 procedure by which the holder of a valid sport fishing guide-outfitter [OPERATOR] 20 license issued under AS 08.57.110 [AS 16.40.260] may petition for, and the director 21 of the division of parks, or the director's designee, shall expeditiously issue, a waiver 22 to allow the sport fishing guide-outfitter [OPERATOR] license holder access to the 23 [TO USE THE SERVICES IN THE] Kenai River Special Management Area for 24 guide-outfitter services even if the guide-outfitter [OF A GUIDE LICENSED 25 UNDER AS 16.40.270 WHO] has not completed the procedures and additional 26 controls that are required by the department under this paragraph; the waiver 27 authorized in this paragraph applies only for the duration of the sport fishing season 28 during which the waiver application is submitted and only if the sport fishing operator 29 license holder 30 (A) employing the licensed guide has lost the services of a 31 licensed guide because of unforeseen circumstances; and
01 (B) is unable to hire as a replacement an available licensed 02 guide who has satisfied all the requirements of this paragraph, including those 03 required by regulation. 04 * Sec. 8. Section 8, ch. 70, SLA 2004, as amended by sec. 3, ch. 61, SLA 2009, and sec. 1, 05 ch. 48, SLA 2010, is amended to read: 06 Sec. 8. AS 16.05.340(a)(26); AS 16.40.260, 16.40.270, 16.40.280, 16.40.290, 07 16.40.299 [; AS 25.27.244(s)(2)(A)(xviii), AND 25.27.244(s)(2)(A)(xix)] are repealed 08 January 1, 2013 [2012]. 09 * Sec. 9. Sections 22 and 31, ch. 58, SLA 2010, are repealed. 10 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 INITIAL APPOINTMENT OF MEMBERS OF THE SPORT FISHING GUIDE 13 SERVICES BOARD. (a) Notwithstanding AS 08.57.010(c), added by sec. 3 of this Act, and 14 AS 39.05.055, the governor shall appoint the initial members of the Sport Fishing Guide 15 Services Board to serve terms as follows and shall designate the terms to be served by each 16 person appointed: 17 (1) three members serve for one year; 18 (2) three members serve for two years; and 19 (3) three members serve for three years. 20 (b) The governor shall appoint persons who are active, licensed registered guides 21 under AS 16.40.260 - 16.40.299 at the time of appointment to fill the initial registered guide- 22 outfitter positions on the Sport Fishing Guide Services Board. 23 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICATIONS. The Sport Fishing Guide Services Board shall 26 (1) accept applications for sport fishing guide-outfitter licenses, sport fishing 27 outfitter licenses, sport fishing assistant guide licenses, and sport fishing transporter licenses, 28 and be available to administer, not later than April 1, 2012, the required examinations and 29 certification under AS 08.57.030(a)(1), as added by sec. 3 of this Act; and 30 (2) issue, effective January 1, 2013, to those applicants under (1) of this 31 section who satisfy all requirements for a particular license a valid sport fishing guide-
01 outfitter license, sport fishing outfitter license, sport fishing assistant guide license, or sport 02 fishing transporter license. 03 * Sec. 12. Section 32, ch. 58, SLA 2010, is repealed. 04 * Sec. 13. Sections 8, 9, and 12 of this Act take effect January 1, 2013. 05 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect January 1, 2012.